Apply for an EEA family permit from outside the UK

5. Derivative rights of residence

You can apply for an EEA family permit if you have a ‘derivative right of residence’ as the:

  • primary carer of an EEA child in the UK who is financially independent
  • child of an EEA former worker and you’re currently in education in the UK
  • primary carer of a child of an EEA former worker and the child is currently in education in the UK
  • primary carer of a British child
  • primary carer of a British dependent adult
  • child of a primary carer who qualifies through one of these categories

As a ‘primary carer’, you have responsibility for the day to day care of a person, including making decisions about their education, health, and finances. You must be a family member or their legal guardian, and can be their main carer or share that responsibility with someone else.

Find out more about derivative rights of residence in the caseworker guidance:

Documents you must provide

You must provide:

You’ll also need to provide information about the person you care for, including proof:

  • that they’re dependent on you, such as court orders or details of care responsibilities
  • that they’re living in the UK, such as tenancy agreements, utility bills or bank statements
  • that children who are EEA nationals are financially independent and have full health insurance in the UK

Children of EEA nationals who used to work in the UK

You must show that:

  • you’re in education in the UK, for example a letter from the school
  • you were in the UK when your EEA national parent was working in the UK
  • you were in education in the UK at a time when your EEA national parent was also present in the UK

You’ll need to provide a certified translation of any documents that aren’t in English or Welsh.

Apply

Apply following the usual EEA family permit process.